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CITY OF NORFOLK v. CHESAPEAKE & POTOMAC TEL.

Record No. 750399.

218 S.E.2d 531 (1975)

216 Va. 317

CITY OF NORFOLK v. CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA.

Supreme Court of Virginia.

October 10, 1975.

Attorney(s) appearing for the Case

Harold P. Juren, Asst. City Atty. (Philip R. Trapani, City Atty., on brief), for appellant.

Alfred Winchell Whittaker, Washington, D.C. (F. Joseph Feely, III, Howard C. Anderson, Washington, D.C., on brief), for appellee.

Richard D. Rogers, Jr., and Lewis S. Minter, Roanoke, on brief, for State Corp. Commission.

Before I'ANSON, C. J., and CARRICO, HARRISON, HARMAN and COMPTON, JJ.

CARRICO, Justice.

In this appeal of right, the City of Norfolk, an intervenor below, seeks reversal of an order of the State Corporation Commission amending the existing tariff of Chesapeake and Potomac Telephone Company of Virginia. The amendment authorizes C & P to surcharge its Norfolk customers a portion of certain franchise fees it annually pays the City.

The record shows that under a Norfolk city ordinance adopted April 5, 1898, which both parties...

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